Can I claim salary for unpaid leave my employer forced me to take?
■ I have been working in a private company for two years. Two months ago, my employer asked me to take unpaid leave due to financial problems the company was facing. Two weeks ago, I asked my employer to allow me to return to work, but he asked me to extend my leave without pay for two more months. Can I file a case to claim my salary for the leaves that my employer forced me to take without pay? What are my end-of-service dues since I work on a commission basis?
In order to be entitled to the annual leave salary, you have to prove that the employer obliged you to take the leave against your will. If you have signed a document applying for the unpaid annual leave, then it will be evidence that it was not against your desire and it will not be easy for you to prove the contrary.
You will be in unpaid annual leave till the date mentioned in the application. Then you must return to work, or else you will be treated as absent without a legitimate reason.
If your employer doesn’t want you to resume work, he should send you a letter or email stating so. He cannot force you not to resume work, nor can he deny you your salary unless you sign a new application for the unpaid annual leave.
End-of-service benefits will be calculated as per Article 23 of the new labour law according to the average amount the worker received for the actual working days during the last six months.
The daily wage of workers who receive their wages on piecework basis shall be calculated according to the average amount the worker received for the actual working days during the six months preceding the request, or claim regarding any issue related to the wage.
The wage is everything that falls into the responsibility of the worker, whatever its kind, in return for his performance of the agreed-upon work and the commission on this basis is considered a wage and is included in the basic wage of the worker whenever the employer abides by it in the work contract.
Loan payments
■ Two years ago, I took a loan from a bank and paid the instalments regularly. I have now repaid the loan in full, but the bank recently asked me for a large amount, saying I failed several times to pay the monthly instalments. The bank has filed a civil lawsuit against me to demand payment of interest. Can I file a lawsuit before the same court to claim compensation for damages? Will the interest stop as soon as the bank files a civil suit?
You have the right to file a counterclaim against the bank and also ask for compensation provided you prove the damages you have suffered. The court will check the counterclaim as per the evidence submitted.
The compound contractual interest will stop as soon as the bank files a case, but the bank still has the right to request for a yearly 5 per cent legal interest from the date of submitting the claim until the real date of payment. It would be better for you to request that the matter be studied by a banking expert, who will check the loan agreement and transactions that took place in the account and calculate the interest if any.
The current account ends with the termination of the mutual operation between the customer and bank based on what the trial court concludes.
The current account which loses its ability to receive mutual payments would be turned into a regular account in which the contractual interests of the current account do not apply to the balance.
If you have signed a document applying for unpaid leave, it will be evidence that it was not against your desire.